Hicks v. Peniston

SHANGLER, Chief Judge.

Plaintiff contractor agreed to paint the defendant’s fence, a half-mile length of 242 round cedar posts set ten feet apart, strung with barbed and woven wire and inter-sticed by three frame gates and some pan-elling. This undertaking was arranged by Hottle, defendant’s farm manager, and required only that the best possible result be achieved with one coat of paint. The kind of paint to be used and the method of performance, whether by hand brush or by spray, were left to plaintiff Hicks. Compensation for the work, it was agreed, was to' be based on labor time and…